Poon Wing Kay v Hksar

CourtCourt of Final Appeal (Hong Kong)
Judgment Date12 Jan 2007
Judgement NumberFAMC57/2006
SubjectMiscellaneous Proceedings (Criminal)
FAMC000057/2006 POON WING KAY v. HKSAR

FAMC No. 57 of 2006

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 57 OF 2006 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CAAR NO. 2 OF 2006 and CACC NO. 536 OF 2005)

_____________________

Between:

  POON WING KAY Applicant
  and  
  HONG KONG SPECIAL ADMINISTRATIVE REGION Respondent

_____________________

Appeal Committee: Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ

Date of Hearing: 12 January 2007

Date of Determination: 12 January 2007

______________________

D E T E R M I N A T I O N

______________________

Mr Justice Bokhary PJ:

1. This case arises out of the fatal consequences of a race between two public bus drivers competing for passengers. The applicant was one of those drivers. His co-accused Mr Liu Chun Pong was the other. In the course of their race these two men went through 10 sets of red lights. The race came to its fatal end when the public light bus driven by the applicant crashed into a taxi and then into the public light bus driven by Mr Liu. Among those injured as a result were two of Mr Liu’s passengers who died from their injuries.

2. The applicant and Mr Liu were charged with causing death by dangerous driving, contrary to s.36(1) of the Road Traffic Ordinance, Cap.374, and with causing harm to persons by racing vehicles, contrary to s.33 of the Offences Against the Person Ordinance, Cap.212.

3. They stood trial before HH Judge Whaley in the District Court, and were convicted as charged. For causing death by dangerous driving the maximum penalty is 5 years’ imprisonment while the maximum penalty for causing harm to persons by racing vehicles is 2 years’ imprisonment. Judge Whaley sentenced the applicant to 2 years’ imprisonment. This was by way of a term of that duration on the causing death by dangerous driving charge and a concurrent term of 15 months on the racing charge. Mr Liu was sentenced to 2½ years’ imprisonment. This was by way of a term of that duration on the causing death by dangerous driving charge and a concurrent term of 15 months on the racing charge. Each man was disqualified from driving for 2 years.

4. Upon the Secretary for Justice’s application for a review of sentence, the Court of Appeal (strongly composed of Ma CJHC, Stuart-Moore VP and Stock JA) increased each man’s prison term...

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